In article the options of actions provided by the labor law, allowing to reduce enterprise staff are offered.
Reorganization 2002
Many enterprises, including agricultural, already felt on themselves consequences of financial crisis. In many respects it was promoted by record-breaking low prices for agricultural products. Such consequences, certainly, mention also labor collective. Employers ask us as it is correct to dismiss employees. And we answer: don’t hurry up to leave qualified personnel. At first try alternative option.
Economy with preservation of number of the personnel
The labor law provided vayoriant of the actions, allowing to reduce rasxody, but to keep staff. The enterprise can:
1. To fix idle time (if it is) at the enterprise or in a separate structural podrazyodeleniye by the publication of the order. The period of idle time is paid at the rate of not below 2/3 tariff rates (Art. 113 the Labour Code). That is expenses on compensation decrease on a third.
2. To transfer workers to an incomplete operating mode (Art. 56 the Labour Code). If the initiative proceeds from the employer, the hardware transfer is possible only after preliminary (in 2 months) a predupreyozhdeniye of workers about operating mode change (Art. 32 the Labour Code). This requirement doesn’t extend on a case when change of a mode is initiated by the worker (writes the application). Work in such mode is paid in proportion to otraboyotanny time.
3. To grant to workers leave without a salary soyokhraneniye. However, duration of such holiday is limited. And if to grant leave of bigger duration, than preduyosmotreno the Law on holidays (even at the desire of the worker), it can be regarded as a nayorusheniye of the labor law. And such nayorusheniye is fraught for the head the adminshtrafy.
Personnel dismissal
If after all undertaken actions to rescue the enterprise it is not possible, it is necessary to go to extremes – to dismissal. Here to a rabotodayotel it is necessary to be especially attentive not to break the right of the worker. After all if the uvolyyoneniye is made with violation, court mozhet to restore the worker on work, and with payment of average earnings during a vynuzhyodenny truancy. Therefore dismissal should be reasonable and correctly issued. In a crisis situation we advise to use those bases for dismissal which both parties would arrange.
1. Redundancy (item 1st. 40 Labour Code). The rayobotodatel in case of changes in the production and work organization can initiate it only. Thus workers, first, learn about dismissal in advance (at least in 2 months), so, can look for druyogy work. Secondly, they will receive target poyosoby at a rate of monthly average earnings.
2. Employment contract cancellation on a soyoglasheniye of the parties (Art. 36 item 1 the Labour Code). Initsiatoyor in this case can be both the worker, and the employer (it is supposed that at the parties oboyoyudny desire to stop labor relations). Day of dismissal will be coordinated by the parties therefore there is no need to warn about is mute the zarayony. Dismissal is made out by the order.
Unemployment benefit. At the appeal to the employment center an unemployment benefit the worker nachnet to receive:
• at dismissal by agreement of the parties – from the date of receiving the status of the unemployed, that is since the 8th calendar day after statement on the account (item 6.1 of the Order approved by the order of Minyotrud from 20.11.2000 of No. 307);
• at dismissal at own will (Art. 38 the Labour Code) – only since the 91st day after a registrayotsiya in the employment center (Order No. 307 item 2.4).
On Balans-Agro newspaper materials.